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HomeMy WebLinkAboutC-4152 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ARCADIA AND THE CITY OF SIERRA MADRE FOR FIREARMS RANGE USE AT THE ARCADIA POLICE DEPARTMENT This Memorandum of Understanding (MOU) between the City of Arcadia and the City of Sierra Madre establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The Sierra Madre Police Department (SMPD) does not maintain its own firearms training range and firearms instructional staff. The SMPD must maintain firearms proficiency for its officers and, to accomplish that goal, desires to use the firearms training range and firearms instructors of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to work cohesively together for the foregoing purpose. To that end, either APD or SMPD may request assistance from the other agency's "range masters" or training coordinators for range training, as needed. It is recognized, however, that APD firearms instructors will be primarily responsible for training APD personnel and SMPD personnel during this Memorandum of Understanding or its extension. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Each agency agrees that it will be responsible for the following: • Developing or maintaining policy or guidelines regarding monthly range qualifications for its personnel • Developing or maintaining policy or guidelines related to departmentally approved weapons. APD also agrees to provide limited technical inspections of weapons (firearms) belonging to SMPD or its personnel, as requested. • Providing its personnel with ammunition approved for use on the APD range. SMPD will be responsible for purchasing its own ammunition and will mark that ammunition accordingly. APD will be responsible for providing SMPD with shelving space for storing its ammunition inside the Range Ammunition Room. • Only APD approved weapons may be used on the range SMPD agrees to comply with the General Management Procedures, a copy of which is attached hereto and incorporated by reference herein. - 1 - r' FEES FOR FIREARMS RANGE USE The City of Sierra Madre will be charged, on a monthly calendar basis, and shall pay $300.00 per calendar month beginning July 1, 2018 through June 30, 2019, for the use of the Arcadia Police Firearms Range facility and its firearms instructors. The monthly fee will only be assessed for the calendar month(s) in which SMPD personnel utilize the firearms range. The fee recovers the following maintenance and personnel costs incurred by the City of Arcadia: Range mining / lead removal Filter Replacement Range Target System Maintenance Firearms Instructor Remittance of the aforementioned range fee is payable within thirty (30) calendar days following submission of an invoice by the City of Arcadia to the City of Sierra Madre, and the City of Arcadia will invoice the City of Sierra Madre for those months SMPD utilizes APD's range for firearms training/qualification. REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any condition of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the Memorandum of Understanding. CANCELLATION OF AGREEMENT The City of Sierra Madre and the City of Arcadia shall each have the right to cancel this MOU by providing 30 (thirty) days written notice to the other city. In the event of a cancellation, fees for the final calendar month will be adjusted on a monthly pro-rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the term of this Memorandum of Understanding, the City of Sierra Madre agrees to abide by and maintain in effect the attached "Hold Harmless Agreement", which is incorporated by reference and made a party thereof. The Hold Harmless Agreement shall survive the termination or expiration of this Memorandum of Understanding. - 2 - The City of Sierra Madre and the City of Arcadia have executed this Memorandum of Understanding as of the dates set forth below. CITY OF ARCADIA CITY OF SIERRA MADRE gy: ' �-------� By: City N1 ger City47-5-- Manager Dated: Act. -r 2 2,01s Dated: 7 ( '( I Id ATTEST: ATTEST: erk I City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: / '//// 14- City Attorney ity Attorney Dated: e/7 Dated: 7—i--�/ef - 3 - HOLD HARMLESS AGREEMENT This HOLD HARMLESS AGREEMENT ("Agreement") is made this 1st day of July, 2018 by and between the City of Arcadia, a California municipal corporation, located at 240 West Huntington Drive, Arcadia, California 91007, and the City of Sierra Madre, a California municipal corporation, located at 232 West Sierra Madre Boulevard, Sierra Madre, California 91024. The City of Arcadia and the City of Sierra Madre are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." WHEREAS, the City of Sierra Madre desires to use the City of Arcadia's firing range for use by its Police Department; and WHEREAS, in exchange for making the firing range available to the City of Sierra Madre for its Police Department, the City of Arcadia desires to be held harmless from any claims and/or litigation arising out of the City of Sierra Madre's use of the firing range. NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the City of Arcadia and the City of Sierra Madre hereby agree as follows: TERMS 1. Hold Harmless. Upon City of Sierra Madre's use of the firing range by any of its employees, agents, and/or volunteers for the purposes specified herein, the City of Sierra Madre shall defend, indemnify, and hold harmless the City of Arcadia, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, or imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of the City of Sierra Madre, its personnel, employees, agents, contractors, or volunteers in connection with or arising out of the City of Sierra Madre's use of the firing range. This indemnification applies to and includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and any reimbursements to the City of Arcadia, and its officials, officers, employees, agents, and/or volunteers for all legal expenses and costs incurred by each of them. The City of Sierra Madre's obligation shall not be restricted to insurance proceeds, if any, received by the City of Arcadia, and its officials, officers, employees, agents, or volunteers. 2. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party. 1 3 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 4. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 5. Attorneys' Fees and Costs. If any legal action or other proceeding is brought in connection with this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other related costs, in addition to any other relief to which the Party is entitled. 6. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters. CITY OF ARCADIA CITY OF SIERRA MADRE By: _ By: City Manager City M ager Dated: p��6.?s,...,-{- 21 12oth Dated: 4 ((( ( f ATTEST: ATTEST: ;1/1/11? /414,d_CM ., ,1. itySlerk , City Clerk -46 ` aat1 0'+ L(- +'-- APPROVED AS TO FORM: APPROVED AS TO FORM: ai/7, (2(d City Attorney City Attorney Dated: � / 1(1 Dated: g 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ARCADIA AND THE CITY OF SIERRA MADRE FOR FIREARMS RANGE USE AT THE ARCADIA POLICE DEPARTMENT This Memorandum of Understanding (MOU) between the City of Arcadia and the City of Sierra Madre establishes policy and procedures for use, training, and safety at the Arcadia Police Firearms Range. PURPOSE The Sierra Madre Police Department (SMPD) does not maintain its own firearms training range and firearms instructional staff. The SMPD must maintain firearms proficiency for its officers and, to accomplish that goal, desires to use the firearms training range and firearms instructors of the Arcadia Police Department (APD). POLICY It is the intent of both agencies to work cohesively together for the foregoing purpose. To that end, either APD or SMPD may request assistance from the other agency's "range masters" or training coordinators for range training, as needed. It is recognized, however, that APD firearms instructors will be primarily responsible for training APD personnel and SMPD personnel during this Memorandum of Understanding or its extension. All personnel using the APD firearms range shall adhere to the APD firearms safety policy (copy attached). Each agency agrees that it will be responsible for the following: • Developing or maintaining policy or guidelines regarding monthly range qualifications for its personnel • Developing or maintaining policy or guidelines related to departmentally approved weapons. APD also agrees to provide limited technical inspections of weapons (firearms) belonging to SMPD or its personnel, as requested. • Providing its personnel with ammunition approved for use on the APD range. SMPD will be responsible for purchasing its own ammunition and will mark that ammunition accordingly. APD will be responsible for providing SMPD with shelving space for storing its ammunition inside the Range Ammunition Room. • Only APD approved weapons may be used on the range SMPD agrees to comply with the General Management Procedures, a copy of which is attached hereto and incorporated by reference herein. - 1 - FEES FOR FIREARMS RANGE USE The City of Sierra Madre will be charged, on a monthly calendar basis, and shall pay $300.00 per calendar month beginning July 1, 2018 through June 30, 2019, for the use of the Arcadia Police Firearms Range facility and its firearms instructors. The monthly fee will only be assessed for the calendar month(s) in which SMPD personnel utilize the firearms range. The fee recovers the following maintenance and personnel costs incurred by the City of Arcadia: Range mining / lead removal Filter Replacement Range Target System Maintenance Firearms Instructor Remittance of the aforementioned range fee is payable within thirty (30) calendar days following submission of an invoice by the City of Arcadia to the City of Sierra Madre, and the City of Arcadia will invoice the City of Sierra Madre for those months SMPD utilizes APD's range for firearms training/qualification. REVIEW AND RENEWAL OF AGREEMENT This Memorandum of Understanding is subject to annual review for the purposes of setting range use fees and for modifying any condition of use. If no changes are made with regard to fees or conditions of use, the Memorandum of Understanding shall be extended in writing each subsequent fiscal year, until either city requests modification or termination of the Memorandum of Understanding. CANCELLATION OF AGREEMENT The City of Sierra Madre and the City of Arcadia shall each have the right to cancel this MOU by providing 30 (thirty) days written notice to the other city. In the event of a cancellation, fees for the final calendar month will be adjusted on a monthly pro-rata basis, with fees paid or refunded as required by each city. HOLD HARMLESS AGREEMENT During the term of this Memorandum of Understanding, the City of Sierra Madre agrees to abide by and maintain in effect the attached "Hold Harmless Agreement", which is incorporated by reference and made a party thereof. The Hold Harmless Agreement shall survive the termination or expiration of this Memorandum of Understanding. - 2 -